The impact of European Union law on English healthcare law

Montgomery, Jonathan (2005) The impact of European Union law on English healthcare law. In, Dougan, Michael and Spaventa, Eleanor (eds.) Social Welfare and EU Law. (Essays in European Law) Oxford, UK. Hart, pp. 145-156.

Abstract

This paper suggests that the outcome of the ECJ reference in Watts is crucially important for the shape of English health care law and the maintenance of the fundamental principle expressed in Peerbooms that member states should not be forced to extend the scope of their social security systems. It shows that a move towards enforceable rights to funding for specific care in a foreign place of the patient’s choosing would introduce fundamental changes into English health care law. This would imply that the change should be strongly resisted by the UK government, as it was in the Müller-Fauré case. On the other hand, attention has also been drawn to developments in Government policy for the NHS that make the arguments used to resist the impact of European Union law look increasingly vulnerable. It remains to be seen whether Munby J’s approach in Watts will turn out to constitute a new dawn for NHS law or a wrecking attack on its fundamental principles.

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